2158 ARTICLE 63.

of a lien against personal property nor bar the right to recover so much of
the custodian's claim as shall not be paid by the proceeds of the sale of the
property.

1924, ch. 417, sec. 58.

58. Should the owner of the motor vehicle or part thereof replevy the
same and the defendant in such action move the court for a writ of retorno
habendo, and if it shall appear to the court that the defendant's claim to
the right of possession of such motor vehicle or part thereof is based on any
lien or right to hold the property replevied as security for any sum of
money claimed to be due as distinguished from a claim of ownership of
the property replevied, the court shall refuse to order a return of the
property replevied to the defendant until a judgment is given in the action,
and in the trial of such replevin action it shall be the duty of the court, if the
case is being tried without a jury, or the duty of the jury if the case is
being tried before a jury, to determine the amount of such lien or claim,
if any, and the amount of any expenses which were properly incurred or
which accrued prior to the date of trial, including storage and advertising,
and the judgment in such action, if for the defendant, shall be either for
the return of the property replevied, or for the amount of such lien or
claim, and any accrued expenses which were properly incurred by the
defendant, including storage and advertising; and the court may also allow
a reasonable counsel fee to the defendant's counsel. The burden of proof
in such action shall be upon the defendant to establish his claim or lien to
the same extent as if he were a plaintiff in an action to secure a judgment
on an open account.